SECURITY AGREEMENT This Security Agreement (“Agreement”), dated as of January 31, 2024, is between CARDINAL COLWICH, LLC, a Kansas limited liability company (the “Debtor”), and FIRST NATIONAL BANK OF OMAHA, a national banking association (the “Secured...
![slide1](https://www.sec.gov/Archives/edgar/data/1352081/000135208124000006/ex9913-securityagreement001.jpg)
SECURITY AGREEMENT This Security Agreement (“Agreement”), dated as of January 31, 2024, is between CARDINAL COLWICH, LLC, a Kansas limited liability company (the “Debtor”), and FIRST NATIONAL BANK OF OMAHA, a national banking association (the “Secured Party”). WHEREAS, the Debtor and Cardinal Ethanol, LLC, as Borrowers, have entered into a Second Amended and Restated Construction Loan Agreement dated of even date with this Agreement (as amended, restated and in effect from time to time, the “Loan Agreement”), with the Secured Party, pursuant to which the Secured Party, subject to the terms and conditions contained therein, is to make the Loans available to or otherwise to extend credit to the Borrowers. WHEREAS, it is a condition precedent to the Secured Party's extension of the Obligations (as defined below) to the Borrowers that the Debtor execute and deliver to the Secured Party a security agreement in substantially the form hereof; and WHEREAS, the Debtor wishes to grant a security interest in favor of the Secured Party as herein provided. NOW, THEREFORE, in consideration of the promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Definitions. All capitalized terms used herein without definitions shall have the respective meanings provided therefor in the Loan Agreement. The term “State,” as used herein, means the State of Nebraska. All terms defined in the Uniform Commercial Code of the State and used herein shall have the same definitions herein as specified therein. However, if a term is defined in Article 9 of the Uniform Commercial Code of the State differently than in another Article of the Uniform Commercial Code of the State, the term has the meaning specified in Article 9. The term “Obligations,” as used herein, means all of the indebtedness, obligations and liabilities of the Borrowers to the Secured Party, including, but not limited to, those under the Loans, Loan Agreement, Debtor’s Guaranty, and the other Loan Documents and under any letter of credit documentation, and under any contractual obligations, of every kind, nature or description, individually or collectively, whether direct or indirect, joint or several, absolute or contingent, primary or secondary, due or to become due, now existing or hereafter arising, whether provided for under or in respect of the Loan Agreement or otherwise or under any promissory notes or other instruments or agreements executed and delivered pursuant thereto or in connection therewith or this Agreement or otherwise, all Debt and obligations of the Debtor to the Secured Party under any Financial Instrument Agreement, and Banking Services Obligations, and the term “Event of Default,” as used herein, means the failure of the Borrowers to pay or perform any of the Obligations as and when due to be paid or performed under the terms of the Loan Agreement and the other Loan Documents and shall also have the meaning given to such term in the Loan Agreement or any other Loan Document.
![slide19](https://www.sec.gov/Archives/edgar/data/1352081/000135208124000006/ex9913-securityagreement019.jpg)
CERTIFICATE OF ACKNOWLEDGMENT STATE OF INDIANA ) ) ss. COUNTY OF Q Qvidolen ) Before me, the undersigned, a Notary Public in and for the county aforesaid, on this 30 _ day of January, 2024, personally appeared Xxxxxx Xxxxx , to me known personally, and who, being by me duly sworn, deposes and says that he is the ex of Cardinal Colwich, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Managers, and said officer acknowledged said instrument to be the free act and deed of said limited liability company. wal oie esa Xxxxxxxx Xxxxxxxx Notary Pubic Seal State’of Indiana Randotph County Commission 4 NP0O731338 My Commission Expires 02/22/2029 My commission expires: 2/22/2524 My County of Residence is: 7 Anaoioln 18
![slide20](https://www.sec.gov/Archives/edgar/data/1352081/000135208124000006/ex9913-securityagreement020.jpg)
SCHEDULE A Locations/Commercial Tort Claims I. Debtor Locations: 0000 Xxxxx 000 X Xxxxx Xxxx, Xxxxxxx 00000 0 Xxxxxxx Xxxxx Xxxxxxx, Xxxxxx 00000 II. Commercial Tort Claims: None